![]() ![]() Items Suspended in Your Car - Suspending items in your car (such as from a rear-view mirror) is now a secondary traffic violation in Virginia.Notably, this includes motorcycles and mopeds as well as cars. Faulty Exhaust System - Loud or defective muffler systems are no longer a primary offense in Virginia. ![]() As stated in the Virginia Code: “No law-enforcement officer…may lawfully stop, search, or seize any person, place, or thing solely on the basis of the odor of marijuana.” Marijuana Odor Coming From Your Car - Previously, smelling marijuana was enough for an officer to pull you over and search your car.An Overview of the New Rules for 2021 Primary and Secondary Traffic Violations in Virginia Īs we mentioned in the introduction, several new laws went into place on March 1st which downgraded formerly primary offenses to secondary offenses. While you can still talk handsfree on the phone or mount your phone for navigation, you can no longer hold your phone in your hands while driving, even while stopped at a red light. While previous laws simply banned talking on the phone while driving, this new law specifically states that it is unlawful for drivers “to hold a handheld personal communications device” for any reason (except for in certain cases outlined in the Code, such as to report an emergency). Virginia Distracted Driving & Cell Phone Laws: A Quick ExampleĪs another quick example that’s a bit more recent, a new law took effect on January 1st, 2021 which states that using a cell phone while driving is now a primary offense in Virginia. This means that police officers can pull you over for failing to wear a seatbelt. Specifically, there has been an ongoing battle in the Virginia legislature between groups that want to classify failing to wear a seatbelt as a primary offense and groups that want to keep Virginia’s laws the way they currently are (where the infraction is a secondary offense).Īs of writing this article, failing to wear a seatbelt as an adult over the age of 18 is now a primary offense in Virginia. Over the past few years the Virginia legislature has increasingly focused on properly categorizing certain traffic violations as either primary or secondary.įor example, one of the most public cases of the differences between primary and secondary offenses appears in Virginia’s seatbelt laws. For example, certain minor offenses such as having a headlight out or an adult passenger not wearing a seatbelt have historically been categorized as secondary violations. Secondary Violations - Offenses that, by themselves, cannot lead to a traffic stop.For example, speeding is a primary violation, and police officers can pull you over solely because you were speeding. Primary Violations - Offenses that allow an officer to pull you over in order to issue you a citation.Secondary Traffic Violations in Virginia Primary and Secondary Traffic Violations in Virginia Īll Virginia traffic violations are divided into one of two categories: Importantly, you should immediately consult with an attorney if you are pulled over on the basis of any of the secondary violations listed below.ĭoing so could provide a strong defense should you choose to contest the citation or charges against you. In this article, we’ll cover the basics of primary and secondary traffic violations in Virginia. We’ll define these terms in more detail below, but this gist is that Virginia police officers can no longer pull someone over for minor traffic violations such as tinted windows or expired tags. To summarize, the changes brought on by this bill have downgraded several traffic violations from primary to secondary offenses. These new laws went into effect on March 1st, 2021. In 2020, the Virginia General Assembly met in a special session to address key racial justice issues throughout the Commonwealth.Īs a result of this special session, the General Assembly passed several new laws and regulations on traffic violations. ![]()
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